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GRACE P. SLATER, ET AL., APPELLANTS, v. STOP SHOP SUPERMARKET COMPANY, D/B/A STOP SHOP, ET AL., RESPONDENTS.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

In support of their motion for summary judgment dismissing the complaint, the defendants made a prima facie showing that they neither created the allegedly dangerous condition nor had actual or constructive notice of it. In opposition, the plaintiffs failed to raise a triable issue of fact (see, Marukos v. Waldbaums, Inc., 267 A.D.2d 434; Sims v. Waldbaum, Inc., 246 A.D.2d 642; Cuddy v. Waldbaum, Inc., 230 A.D.2d 703). Therefore, the Supreme Court properly granted the motion.

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SLATER v. STOP SHOP SUPERMARKET COMPANY
(Apr 2, 2001)